U B SAXENA Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) The petitioner joined the service with Delhi Vidyut Board as a Fitter. In terms of promotion policy applicable to him, he was entitled to have three time bound promotions during his career. He got all three time bound promotions to which he was entitled and this is not in issue in the present proceedings. What is in issue is the pay scale to which the petitioner was entitled at the time of his third time bound promotion to the post of Foreman w.e.f. 09.06.2003.

(2.) At the time of his third time bound promotion to the post of Foreman w.e.f. 09.06.2003, he was placed by the respondents in the pay scale of Rs. 7,750-13,700/- vide office order dated 10.02.2004 (Annexure P-3 at page 21 of the paper book). The petitioner thereafter took voluntary retirement from the service of the respondents w.e.f. 31.12.2003 and he was paid terminal benefits by the respondents based upon his last pay as fixed vide office order dated 10.02.2004 at page 21 of the paper book. The terminal benefits were paid to him in March, 2008.

(3.) After payment of terminal benefits based upon last pay as fixed vide office order dated 10.02.2004 referred above, the respondents vide their letter dated 06.06.2008 (Annexure P-5 at page 25 of the paper book) informed the petitioner that his pay was wrongly fixed in the pay scale of Rs. 7,750-13,700/- w.e.f. 09.06.2003 instead of Rs. 8,000-13,225/- on account of some clerical mistake and asked him to refund the excess amount of Rs. 1,76,874.90 paise paid to him in excess. The petitioner in order to avoid his liability for payment of interest claimed from him on the excess amount vide office order dated 06.06.2008 referred above and also concerned with his pension, deposited the alleged excess amount claimed from him without prejudice to his rights. A reference in this regard can be made to the letter of the petitioner dated 09.09.2008 sent by him to the respondents (Annexure P-9 at page 32 of the paper book).